Skepton v. Borough of Wilson

OPINION

CAPPY, Justice.1

Franklin E. Skepton (“Skepton”), Joseph Bozzelli, Va J.B. Plumbing Company (“Bozzelli”) and Dual Temp. Co. Inc. (“Dual Temp”) (collectively, the “Contractors”) appeal from the order of the Commonwealth Court. The Commonwealth Court concluded that the Contractors were not entitled to a refund of construction permit fees paid to the Borough of Wilson (“Borough”) even though the ordinances and resolution pursuant to which the permit fees were collected were found *347to be unlawful and unenforceable. For the reasons that follow, we reverse the order of the Commonwealth Court.

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